Cavaness v. Morgan Lumber Co.

Citations

• 50 Wash. 232
• 96 P. 1084
• 1908 Wash. LEXIS 701

Syllabus

<p>Master and Servant — Negligence—Saee Appliance — Evidence— Sueeic'iency. In an action for the death of a fireman on a logging engine, who jumped when the train ran away on a steep grade, there is no suifieient evidence of negligence on the part of defendant, and a nonsuit is properly granted, although there was evidence tending to show that the rails were light, not entirely even and somewhat worn when put down, that while the cars were of standard make, the brakes could not be set while the train was in motion, that the brake blocks were worn, and the engine lighter than some engines, where there was no evidence that the defects rendered the appliances unsafe, but use for a year had demonstrated their safety; since it is not negligence to fail to use the best possible equipment.</p>